Deck 10: Contract Administration

Question 1

An important principle of contract administration is that the first-line supervisor and union steward are organizational "equals" in grievance handling.

Answer 1

True

Question 2

A common union tactic is to file several grievances over a particular issue to buttress and document union demands during negotiation of the subsequent labor agreement.

Answer 2

True

Question 3

The third-and-one-half step in the grievance procedure is settled "without prejudice to either party's position," thereby increasing the likelihood of subsequent grievances on the issue.

Answer 3

True

Question 4

Regardless of motives for filing grievances,management must process them through the grievance procedure even if it feels the employee's motives are illegitimate or improper.

Question 5

Placing grievances down in writing creates a written record and increases the likelihood that the employee or union representative is serious about the grievance.

Question 6

When labor and management officials negotiate a labor agreement,they are mainly concerned with agreement over the minor issues.

Question 7

The union's fair representation obligation requires the union to take a grievance to arbitration if the grievant so requests.

Question 8

Employees who file a grievance for termination are entitled to a jury trial if monetary losses (back pay)are claimed.

Question 9

Unions must be careful because swapping grievances that are clearly meritorious may constitute a violation of the union's duty of fair representation.

Question 10

Employees seldom file a grievance to protest a contractual violation since negotiators are usually concerned about the precision of every labor agreement provision.

Question 11

A union satisfies its fair representation obligation if it demonstrates that it considered the interests of all members and takes its ultimate position honestly,in good faith,and without hostility or arbitrary discrimination.

Question 12

In nonunion settings,the authority of managerial policies and actions often goes unchallenged.

Question 13

Written grievances tend to increase emotions present in many employee concerns.

Question 14

Power relationships typically begin when both steward and supervisor are encouraged by their superiors to be attentive to problems in the department.

Question 15

"Codified relationship" encourages the union steward to bypass the first-line supervisor in the grievance process.

Question 16

Employers are not typically concerned about the fair representation issue since the union assumes full liability when it breaches this obligation.

Question 17

The Labor-Management Relations Act (LMRA)containd explicit provisions obligating the union to represent fairly all bargaining unit employees.

Question 18

Grievance mediation is a process in which an outside neutral assists the parties in resolving grievances without the use of arbitration.

Question 19

Management should deny an employee's grievance if they believe the employee is merely trying to get something for nothing.

Question 20

In unionized firms,employees often have unique concerns that are neither addressed in collective bargaining nor explicitly covered in the labor agreement.

Question 21

Empathetic relationships occur between individuals when each is aware of the other's position and is guided by an understanding appreciation.

Question 22

First line supervisor answers employee grievance in writing.Which step of a typical grievance procedure is this an example of?

A) Physical evidence.
B) Documentary evidence.
C) Demonstrative evidence.
D) Video evidence.
E) Testimonial evidence.

Question 23

In fair representation cases,the burden of proof of establishing that the union breached its fair representation obligation in on:

A) The employee.
B) The union.
C) The employer.
D) The government.
E) The industrial relations representative.

Question 24

The procedures which vary in terms of steps,time limits for processing,and participants,can raise several administrative complexities and often appear inflexible,although they also serve as the arena for the dynamic social relationships between management and union officials,are called:

A) Open-door procedures.
B) Peer review procedures.
C) Codified procedures.
D) Grievance procedures.
E) Neutral evaluation procedures.

Question 25

During the third and one-half step meetings in the grievance procedure:

A) The arbitrator is given two separate chances to hear the grievance.
B) The supervisors are encouraged to resolve grievances at the lower level.
C) The union is discouraged from solving grievances.
D) Management and union representatives meet to discuss several grievances which are scheduled for arbitration.
E) All grievances are heard and decided upon.

Question 26

The swapping of grievances:

A) Occurs before the first step in the grievance procedure.
B) Occurs just prior to arbitration.
C) Occurs after the first step and before the second step in the grievance procedure.
D) Occurs after the second step and before the third step in the grievance procedure.
E) Occurs after the fourth step in the grievance procedure.

Question 27

The relationship which occurs between individuals when each is aware of the other's position and is guided by an understanding appreciation is called the:

A) Power relationship.
B) Empathetic relationship.
C) Codified relationship.
D) Dependent relationship.
E) Common relationship.

Question 28

The employee (with or without the union steward)discusses the alleged grievance with his or her first-line supervisor.Which step of a typical grievance procedure is this an example of?

A) The first step
B) The second step
C) The arbitration
D) The third step
E) The fourth step

Question 29

Employees who file grievances are older,more active in their unions,and more satisfied with their job,supervisor,and union.

Question 30

A supervisor who believes an employee's grievance is not a contractual violation should:

A) Accept the employee's grievance,and then answer the grievance in accordance with provisions of the labor agreement.
B) Assist the employee in writing the grievance so that it conforms to the specifications of the grievance form and the labor agreement.
C) Refuse to accept the employee's grievance.
D) Consult with the union shop steward and demand proof of a contractual violation.
E) Consult with the company's labor attorney before accepting the grievance.

Question 31

During which step of grievance procedure are the union grievance committee members and management's labor relations representative brought in to discuss the supervisor's first-step grievance answer?

A) The first step.
B) The second step.
C) The arbitration step.
D) The third step.
E) The fourth step.

Question 32

During which step of grievance procedure are the labor relations manager and other management officials involved?

A) The first step.
B) The second step.
C) The arbitration step.
D) The third step.
E) The fourth step.

Question 33

Codified relationships stress the rights and privileges of union stewards and first-line supervisors established through the labor agreement and various union and management publications.

Question 34

The AFL-CIO Manual for Shop Stewards strongly urges union stewards to present their grievances directly to whom?

A) Union representative.
B) Regional supervisor
C) First-line supervisor.
D) Administrative supervisor.
E) Human resources supervisor.

Question 35

Conflicting power relationships develop in situations where the supervisor and union stewards pursue the same interests or goals.

Question 36

A process to resolve grievances with the assistance of a neutral third party is called:

A) Empathetic resolution.
B) Codified resolution.
C) Alternative dispute resolution (ADR).
D) Power resolution.
E) Grievance resolution.

Question 37

The goal of directive or results-oriented mediation is to bring the parties to a certain agreement that the mediator believes is the final word.

Question 38

The union steward and first-line supervisor both compete for the grievant's attention.Which one of the following relationships between the union steward and the first line supervisor best applies?

A) Power relationship.
B) Empathetic relationship.
C) Codified relationship.
D) Dependent relationship.
E) Sympathetic relationship.

Question 39

The second step written grievance answer is usually furnished by the:

A) The industrial relations representative.
B) Union steward.
C) First-line supervisor.
D) The plant manager.
E) The international union representative.

Question 40

Grievance procedures in nonunion firms:

A) Are non-existent.
B) Do not frequently have an employee's grievance decided by a third-party neutral.
C) Usually have arbitration as its final step.
D) Permit the use of wildcat strikes among dissatisfied employees.
E) Usually have arbitration as its final step and permit the use of wildcat strikes among dissatisfied employees.

Question 41

Which of the following might indicate that unions have not fulfilled their fair representation obligations?

A) Keeping member informed about an arbitration award that affects members' seniority rights.
B) Providing adequate defense of the grievant at an arbitration hearing.
C) Informing the grievant that the union accepted a different remedy than that asked for by the grievant.
D) Delaying grievance processing until the time limits in the grievance procedure have expired.
E) Including the duty of fair representation in union steward training programs.

Question 42

During which step of grievance procedure do the parties negotiate the inclusion of an alternative dispute resolution (ADR)provision which provides for the assistance of a neutral third party?

A) The first step.
B) The second step.
C) The arbitration step.
D) The third step.
E) The fourth step.

Question 43

The alternative dispute resolution (ADR)approach where workers with complaints are invited to raise them with their immediate supervisor is called the:

A) ​Nonunion mediation approach.
B) ​Open-door policy approach.
C) ​Peer review systems approach.
D) ​Early neutral evaluation approach.
E) ​Grievance relationship.

Question 44

A Supreme Court decision related to judicial examination of union performance stressed that:

A) Stiff fines will be paid by anyone associated with a fair representation violation.
B) "Wide latitude" should be given to union officials to perform their duties.
C) Arbitrators are better than the courts in assessing breaches of fair representation.
D) "Perfunctory conduct" of a union does not constitute a breach of fair representation.
E) Arbitrators are better than the courts in assessing breaches of fair representation,but stiff fines will be paid by anyone associated with a fair representation violation.

Question 45

The alternative dispute resolution (ADR)approach where a program involving the appointment of an employee within the company to serve the role of consulting with employees who have problems and advocating on their behalf is called the:

A) ​Nonunion mediation approach.
B) ​Open-door policy approach.
C) ​Ombudsperson program.
D) ​Early neutral evaluation approach.
E) ​Watertight approach.

Question 46

What percent of collective bargaining agreements contain mediation as a step in the grievance procedure?

A) 2 percent.
B) 4 percent.
C) 20 percent.
D) 27 percent.
E) 60 percent.

Question 47

The approach where the goal is to bring the parties to a certain agreement that the mediator believes is appropriate and achievable is the:

A) ​Evaluative mediation.
B) ​Results-oriented mediation.
C) ​Collaborative mediation.
D) ​Watertight approach.
E) ​Grievance relationship.

Question 48

The relationship which suggests that first-line supervisors should have authority for resolving grievances at the first step of the procedure to give the employee a prompt response is called a:

A) Power relationship.
B) Empathetic relationship.
C) Codified relationship.
D) Dependent relationship.
E) Grievance relationship.

Question 49

The term defined as an employee's (or employer's)alleged violation of one or more provisions of the labor agreement that is submitted to the grievance procedure for resolution by the union representative and employer representative is a:

A) ​Complaint.
B) ​Grievance.
C) ​Protest.
D) ​Bargaining issue.
E) ​Grievance relationship.

Question 50

The alternative dispute resolution (ADR)approach which involves the appointment of a committee composed of a majority of rank-and-file employees,who are led by a human resources staff person as the facilitator is called the:

A) ​Peer reviews approach.
B) Open-door policy approach.​
C) ​Ombudsperson program.
D) ​Early neutral evaluation approach.
E) ​Watertight approach.